ALA's Responses to FCC
November 15, 2005
A Summary of Comments on the E-rate Program Submitted by the American Library Association to the Federal Communications Commission (PDF)
In June 2005 the Federal Communication Commission announced that it was seeking public comments as part of its comprehensive review of the E-rate program. (This process is formally known as a Notice of Proposed Rulemaking—NPRM). In August the ALA’s Office for Information Technology Policy (OITP) and the ALA’s E-rate Task Force met in Chicago to draft the basic outline for the ALA’s comments, which were filed with the FCC on October 17, 2005.
The FCC now has a “Reply” comment period which is open through December 19, 2005. Filing comments is an easy process and can be done by selecting the “Submit a Filing” option on the right-hand menu of the FCC’s website. The docket number for the E-rate is 02-6. Comments can be a formal reply of several pages, or can be far less detailed.
December 2005
ALA's NPRM Reply Comments (PDF)
October 2005
ALA's Reply Comments in Response to NPRM (38 pages) (PDF)
September 21, 2004
Summary of Technology Planning Requirements Set Forth in the FCC's Fifth Report and Order
On August 13th the FCC released its Fifth Report and Order (FCC 04-190)1. This order addresses new E-rate rules for the recovery of improperly disbursed funds, document retention requirements, technology plans, and certifications. In addressing technology plan issues, the FCC has modified its rules on technology planning to clarify some areas of its previous plan requirements that were not clear. (Note: The language on technology plans will become effective after approval by the federal Office of Management and Budget.) The FCC has also stated that under the revised rules, violations of the technology plan requirement can be the basis for requiring applicants to return E-rate funds. The following is a brief summary of the regulations that address technology plan issues:
- Technology plans must be "developed" before the Form 470 is filed. The FCC provides no further information on what constitutes a "developed" plan but prudent advice would suggest that the plan has to be substantially complete and that it must definitely reference the services that will be subject to E-rate discounts.
- Plans must be approved by the authorized plan approval agency (e.g., the state library or state education agencies) before service begins.2 For most applicants this means their plan must be approved by June 30 for the funding year starting July 1
- Technology plans must cover the entire funding year for which service is being sought. For example, an applicant with a plan expiring in December 2005 will need to have a technology plan "developed" that covers all of the 2005-2006 E-rate year before filing a Form 470, which may be filed, say, in November 2004. The plan must then be approved by the start of service.
- The FCC has maintained its previous rule that no plan is needed for discounts on POTS (Plain Old Telephone Service). But the FCC declined to also include Internet access as being exempt from the plan requirement. (Such an exemption was requested by some commenters.) FCC will specifically be adding the certification option that: "No technology plan is needed because applicant is applying for basic local, cellular, PCS, and/or long distance telephone service and/or voicemail only."
- On plan content, the FCC notes that applicants should not fear that the strengthened technology plan requirements will lock them into specific services. Only if an applicant desires to order services beyond the scope of its existing technology plan does it need to develop and seek timely approval of an appropriately revised technology plan.
- For schools, technology plans approved for the USDoE's Enhancing Education Through Technology (EETT) program are acceptable 3 for E-rate with one qualification. The plan must also include documentation "that the applicant is aware of and will be able to secure the financial resources it will need to achieve its technology aims, including technology training, software, and other elements outside the coverage of the Commission's support program." (Paragraph 59 of the Order)
Footnotes
1. Officially published in the Federal Register (vol. 69, no. 176, p. 55097) September 13, 2004.
2. The Form 486 certification will be changed to reflect this wording.
3. Applicants that do not have an EETT plan must demonstrate that their plan meets the 5 criteria given in the FCC's order stated in paragraph 40.
June 2005
FCC releases Notice of Proposed Rulemaking on the Universal Service Program, including E-rate (PDF)
March 2004
Comments of the American Library Association before the Federal Communications Commission on the Second Further Notice of Proposed Rulemaking (PDF)
May 8, 2003
Comments of the American Library Association before the Federal Communications Commission Public Forum on Improving Administration of the E-rate Program (Link)
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